The Boundary Treaty of 1881 (Spanish: Tratado de Límites de 1881) between Argentina and Chile was signed on the 23 July 1881 in Buenos Aires by Bernardo de Irigoyen, on the part of Argentina, and Francisco de Borja Echeverría, on the part of Chile with the aim to establish a precise and exact borderline between the two countries based on the uti possidetis juris principle. Despite dividing largely unexplored lands this treaty laid the groundwork for nearly all of Chile's and Argentina's current 5600 km[1] of shared borders.
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Argentina declared its independence in 1816 and Chile did the same in 1818. Once the Spaniards had been expelled, relations between the two nations soured primarily due to a border dispute: both claimed to have inherited overlapping parts of Patagonia.
The Chilean constitution of 1833 established the Andes as its eastern boundary. This view of Chile's borders was challenged in 1853 by Miguel Luis Amunategui's book Titles of the Republic of Chile to Sovereignty and Dominion of the Extreme South of the American Continent, on which he put forward that Chile had valid arguments to claim all of Patagonia.[1] These claims traced Chilean claims back to the conquest of Chile in the 16th century by Pedro de Valdivia, arguing that Pedro de Valdivia obtained rights from the Spanish crown to establish a captaincy limited by the Strait of Magellan to the south. Pedro de Valdivia subsequently founded several cities through southern Chile with the goal of reaching the Strait of Magellan. However the remoteness of the region and the Mapuche in the War of Arauco limited further expansion to the south.
The Republic of Chile founded Fuerte Bulnes in 1843, and later Punta Arenas in 1847, giving a strong impulse to steam navigation through the Strait of Magellan and probably averted the occupation of the strategically crucial strait by the European powers or the United States. As stated by Michael Morris in "The Strait of Magellan"[2]:
In 1865 Welsh immigrants begun to settle around the lower part of Chubut Valley. This colonization, supported by Argentina, meant that Argentina got a new exclave in Patagonia apart from Viedma-Carmen de Patagones that had been founded in 1779. While the economical and geopolitical impact of this settlement was less than Chilean Punta Arenas, it soon became a start point for further colonization towards the Andes.
Chilean trade and culture were oriented towards Europe and therefore the complete control of the strait was a core Chilean interest,[3] in contrast the rest of Patagonia was seen by influential Chilean politicians as a worthless desert[4]. This view was shared by Diego Barros Arana and was inspirated on Charles Darwin's description of the area as a useless moorland.[2]
Mapuches and araucanized Indians had long time pillaged the Argentine southern frontier in search for cattle that was later taken to Chile through the Camino de los chilenos. The cattle was traded in Chile for weapons and alcoholic beverages. These tribes had strong connections with Chile and therefore gave Chile certain influence over the pampas.[4] Argentine authorities feared an eventual war with Chile over the region where the natives would side the Chileans and that the war would be therefore fought in the vicinities of Buenos Aires.[5]. Whether Argentina wanted to exclude Chile from the Atlantic and what significance "Atlantic" had then is still today a controversial issue. In the 1870s, Argentina built a more than 500 km long trench called Zanja de Alsina which Argentina had undertaken during the Conquest of the Desert from 1876 to 1878 to defeat the araucanized Indians occupying northern Patagonia and which aspired to control the eastern third or, at a minimum, the eastern mouth of the strait.[5]
Great Britain and the USA did not directly intervene the distribution of land and maritime areas, except the mediation role of the US-Ambassadors in Santiago de Chile and Buenos Aires, Thomas A. Osborn and Thomas O. Osborn. The concern of the great powers was the free navigation through the strait. The USA-administration declared immediately before the negotiations leading to the treaty that[6]:
Prior to the US-Statement, in 1873, via a diplomatic letter to major shipping nations Chile had already promised freedom of navigation through and neutralization in the strait[7].
The colonial powers, United Kingdom and France, viewed Patagonia and Tierra del Fuego as Terra nullius. Jules Verne described in "The Survivors of the 'Jonathan'"[8] his view of Patagonia:
Regarding the position of the USA towards the region, on 28 December 1831, the US-Navy Captain Silas Duncan with the USS Lexington destroyed the Port Louis, Falkland Islands settlement in response to Argentine activities. The captain declared the islands to be free of government[9][10]. Also the United Kingdom did not trust the Argentine rights on the region and (re)occupied 1833 the Falklands.
In 1874 Chilean minister Guillermo Blest Gana and the Argentine Minister of Foreign Relation Carlos Tejedor agreed to put the question on arbitration. However, the new Argentine president Nicolás Avellaneda, boosted by internal popularity, cancelled the agreement in 1875. Attempts to clear up the dispute about Patagonia were unsuccessful until 1881, when Chile was fighting the War of the Pacific against both Bolivia and Peru. At that time Chile had defeated Bolivia's and Peru's regular armies and had large contingents in occupying Peru and fighting Andrés Avelino Cáceres guerrillas. In order to avoid fighting Argentina as well, Chilean President Aníbal Pinto authorized his envoy, Diego Barros Arana, to hand over as much territory as was needed to avoid Argentina siding with Bolivia and Peru.[11]
The treaty defined the border in only three articles.
It defined the border down to latitude 52°S as the line marked by the continental divide and the highest mountains of the Andes.
Articles 2 and 3 recognise the area around the Strait of Magellan (South of the 52°S) as Chilean as well as the islands south of Beagle Channel. Isla Grande de Tierra del Fuego was divided in two parts.
Furthermore the treaty defines the status of the Strait of Magellan:
Article 6 states that older boundary treaties became obsolete and both countries agreed to submit any future disputes to the decision of a friendly third country.
The law of sea at the time of the 1881 treaty was quite far different from the articles of the 1982 Law of the Sea, which meant that Chile and Argentina adhered to the accepted practice of a three Nautical miles territorial sea. Therefore the treaty emphasized the delineation of land boundaries including islands but didn't stipulate the offshore limits that have since been expanded to 200 nautical miles (370 km).
According to the Argentine view of the treaty, called the Magellan/Atlantic transfer, the general agreement was that Argentina was an Atlantic country while Chile was a Pacific one. Chile has never accepted that and the Chilean view was confirmed by the Court of Arbitration in the Beagle dispute (§31 [6]):
Some errors that would allow a Pacific coast for Argentina in Última Esperanza Sound and an Atlantic coast to Chile in San Sebastián Bay were later corrected. Different interpretations of the borderline north of latitude 52°S led to the Arbitration of the British King Edward VII in 1902 (See The Cordillera of the Andes Boundary Case).
Border disputes continued as Patagonia was still an unexplored area. The concept of the continental divide was easy to apply in northern regions but in Patagonia drainage basins crossed the Andes; this led to disputes over whether the highest peaks would be the frontier (favouring Argentina) or the drainage basins (favouring Chile). Argentina argued that previous documents referring to the boundary always mentioned the Snowy Cordillera as the frontier and not the continental divide. The Argentine explorer Francisco Perito Moreno suggested that many Patagonian lakes draining to the Pacific were in fact part of the Atlantic basin but had been moraine-dammed during the quaternary glaciations, changing their outlets to the west. In 1902, war was again avoided when British King Edward VII agreed to mediate between the two nations. He established the current border in the Patagonia region in part by dividing many disputed lakes into two equal parts; most of these lakes still have one name on each side of the frontier.
The dispute that arose in the northern Puna de Atacama was resolved with the Puna de Atacama Lawsuit of 1899, though its real cause was out of the scope of the 1881 boundary treaty and originated from transfers between Bolivia and Argentina of land occupied by Chile during the Pacific war.
To prevent relations from being aggravated, or to complement the Boundary treaty, a succession of protocols and declarations had to be signed:
"The Survivors of the 'Jonathan'", also known as "Magellania"[12], is a novel written by Jules Verne in 1897 and published posthumously in 1909, after it had been rewritten by Verne's son Michel under the title Les naufragés du "Jonathan".
The novel tells the story of a mysterious man named Kaw-djer who lives on the Nueva island, whose motto is "Neither God nor master". He refused any contact with western civilization relying on himself in order to survive and also provides assistance to the indigenous peoples of Magellania. However, the 1881 Boundary Treaty will destroy his paradise of individualist anarchism because it will end the state of terra nullius in the region.
Because each side was convinced of the legitimacy of its own claim the pretensions of the other party were considered as usurpatory, an ill-omened beginning that burdened the relations of both countries.[13]
The treaty did resolve an immediate concern of each side, but subsequently it became evident that in the far south, about 42°S to 52°S, article 1 of the treaty posed problems of interpretation and application.
Some Argentine political publicists argue that articles 2 and 3 of the treaty were ambiguous[14], but they have to admit the truth that the later Argentine interpretations were refused by the international tribunal, that Argentine maps of the first decade also applied the Chilean interpretation and the two papal proposals as well as the treaty of 1984 maintained the Chilean interpretation of the treaty, at least in so far as the land border line.
There could be other reasons for the Argentine difficulties over the interpretation. Michael Morries observes about the Argentine policy[15]:
The Southern Patagonian Ice Field is the last still pending issue in order to apply the 1881 Boundary Treaty.